Disposed

Mosmat Daulati Devi @ Daulat Devi v. The State of Bihar

Patna HC3 Jul 2023CWJC/6567/2020

Case brief

AI extract

What is this about?

Petitioners, allotted a plot under a registered lease agreement, sought removal of encroachments and delivery of possession from State authorities. The State undertook to hand over possession within four weeks with police assistance; the court directed the authorities to honour that undertaking and disposed of the petition.

What did the court decide?

Respondent authorities directed to hand over possession of plot 3C-A1, Diwan Mohalla within four weeks as undertaken.

Mosmat Daulati Devi @ Daulat Devi Vs The State of Bihar — Property and Title | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6567 of 2020

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Mosmat Daulati Devi @ Daulat Devi Wife of Late Vishav Nath Mahto resident of Mohalla- Laxmanpur Math, Koiri Tola, Sampatchak, P.s.Alamganj, District- Patna

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Sarwan Mahto Son of Late Kali Charan Mahto, resident of Diwan Mohallah, Ranipur Milkichak, Patna City, P.s.- Khajekalan, District- Patna

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Jai Kumar Mahto Son of Late Kali Charan Mahto, resident of Diwan Mohallah, Ranipur Milkichak, Patna City, P.s.- Khajekalan, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna

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The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna

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The Engineer-in-Chief-cum-Additional Secretary, Road Construction Department, Government of Bihar, Patna

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The Chief Engineer, Gangapul, Priyojna Wing Road Construction Department (Formerly P.W.D.), Government of Bihar, Patna

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The Executive Engineer, PatnaCity Road Division, Gulzarbagh, Road Construction Department, Patna

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The District Magistrate, Pana

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The Sub Divisional Magistrate, Patna City, Patna

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Avinash, Adv. Mr. Kritya Nand Jha, Adv. For the Respondent/s : Mr.Syed Iqbal Ahmad, SC-20

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 03-07-2023

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The present writ petition has been filed seeking the

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following reliefs:-

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“1(A). For issuance of an appropriate writ, order or direction directing the respondent authorities

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Patna High Court CWJC No.6567 of 2020 dt.03-07-2023

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2/3

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to remove the encroachments and hand over actual physical possession of land bearing Plot No.-A/01 of Rehabilitation Scheme No-3C at Diwan Mohallah, P.S.-Khajekalan, DistrictPatna which has been allotted to the petitioners and for the same registered lease agreement dated 11-06-2016 has also been executed between the parties.

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(B). For issuance of an appropriate writ, order or direction, directing the respondent authorities to ensure possession over the land allotted to the petitioners bearing Plot No.-A/01 of Rehabilitation Scheme No-3C at Diwan Mohallah, P.S.-Khajekalan, District- Patna after removing the encroachments over the said land, for the same registered lease agreement dated 11-06-2016 has already been executed between the petitioners and competent authorities of the State Government.”

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The learned counsel for the Respondent-State has submitted, at the outset, by referring to the counter affidavit, filed in the present case that steps are being taken to hand over possession of plot No. 3C-A1, Diwan Mohalla (part of M.S. Plot No. 1636, 1646 and 1652), allotted in the name of Shivratri Devi (mother-in-law of the petitioner Daulati Devi) and for the said purposes, police force is being deployed for taking needful

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Patna High Court CWJC No.6567 of 2020 dt.03-07-2023 3/3

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action and the possession of the plot in question would definitely be handed over to the petitioners within a period of four weeks from today.

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Having regard to the undertaking of the Respondent officials, to the aforesaid extent, I deem it fit and proper to issue directions to the Respondent authorities to honour their undertaking, as aforesaid, forthwith.

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The present writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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Ajay/-

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AFR/NAFR	NAFR
CAV DATE	N A
Uploading Date	8.7.2023
Transmission Date	NA

Mosmat Daulati Devi @ Daulat Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mosmat Daulati Devi @ Daulat Devi v. The State of Bihar

Case brief

What is this about?

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